The development administrator, the code enforcement division, and any other officials or agencies designated by the mayor have responsibility for enforcing this zoning code. All departments, officials, agencies and employees vested with the authority to review, recommend or issue development approvals, permits or licenses must act in accordance with the provisions of this zoning code.

(Ord. No. 25330, § 18, 6-5-2024)

Unless otherwise expressly allowed by this zoning code or state law, any violation of a provision of this zoning code—including any of the following—are subject to the remedies and penalties provided for in this zoning code:

A.

To use land, buildings or other structures in any way that is not consistent with the requirements of this zoning code;

B.

To erect a building or other structure in any way not consistent with the requirements of this zoning code;

C.

To install or use a sign in any way not consistent with the requirements of this zoning code;

D.

To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning code without obtaining such required permits or approvals;

E.

To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity for which a permit or approval has been granted under this zoning code or under previous zoning codes of the city in any way inconsistent with such permit or approval or any conditions imposed on the permit or approval;

F.

To violate the terms of any permit or approval granted under this zoning code or under previous zoning codes of the city or any condition imposed on the permit or approval;

G.

To obscure, obstruct or destroy any notice required to be posted under this zoning code;

H.

To violate any lawful order issued by any authorized public official;

I.

To continue any violation after receipt of notice of a violation; or

J.

To fail to install or maintain required landscaping and screening material.

Each day that a violation continues constitutes a separate violation of this zoning code.

The city has all remedies and enforcement powers allowed by law, including, without limitation, all of the following:

A.

Fines. Any person violating any provisions of this zoning code or failing to comply with any of its requirements may be deemed guilty of a misdemeanor punishable by a fine of not more than one thousand two hundred dollars ($1,200.00) or by imprisonment not exceeding six (6) months, or by both fine and imprisonment.

B.

Withhold permit.

1.

The development administrator may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.

2.

The development administrator may deny or withhold all permits, certificates or other forms of authorization on any land where an uncorrected violation exists. The development administrator may also withhold all permits, certificates or other forms of authorization on any other land owned by the owner of land on which an uncorrected violation exists. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.

3.

Instead of withholding or denying a permit or other authorization, the development administrator may grant such authorization subject to the condition that the violation be corrected.

C.

Revoke permits.

1.

A permit, certificate or other form of authorization required under this zoning code may be revoked by the development administrator when the development administrator determines:

a.

That there are unapproved significant, material departures from approved plans or permits;

b.

That the development permit was procured by false representation or was issued by mistake; or

c.

That any of the provisions of this zoning code or approval previously granted by the city are being violated.

2.

Written notice of revocation must be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location.

D.

Stop work. With or without revoking permits, the development administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning code or of a permit or other form of authorization issued under this or previous zoning codes.

E.

Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this zoning code or of a permit, certificate or other form of authorization granted under this or previous zoning codes.

F.

Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property, except in compliance with the regulations of this zoning code will be considered forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this chapter, the city has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

G.

Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

H.

Other penalties, remedies and powers. The city may seek such other penalties and remedies as are provided by law.

I.

Continuation of previous enforcement actions. Nothing in this zoning code prohibits the continuation of previous enforcement actions, undertaken by the city pursuant to previous valid ordinances and laws.

The remedies and enforcement powers established in this zoning code are cumulative, and the city may exercise them in any combination or order.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.

A.

Non-emergency matters. In the case of violations of this zoning code that do not constitute an emergency or require immediate attention, the development administrator must give notice of the nature of the violation to the property owner by personal service, U.S. first class mail or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

B.

Emergency matters. In the case of violations of this zoning code that constitute an emergency situation as a result of public health or safety concerns if not remedied immediately, the city may use the enforcement powers available under this zoning code without prior notice, but the development administrator must attempt to give notice to the property owner simultaneously with beginning enforcement action.

A determination made by the development administrator or other administrative officials that a zoning code violation has occurred may be appealed by the affected party in accordance with Section 70.140.